Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 57433 

1Brooklyn Bedding; Carpenter Co.; Corsicana 

Mattress Company; Future Foam Inc.; FXI, Inc.; 

Kolcraft Enterprises Inc.; Leggett & Platt, 

Incorporated; Serta Simmons Bedding Inc.; 

Southerland, Inc.; Tempur Sealy International; the 

International Brotherhood of Teamsters; and the 

United Steel, Paper and Forestry, Rubber, 

Manufacturing, Energy, Allied Industrial and 

Service Workers International Union (collectively, 

the petitioners). 

2See Petitioners’ Letter, ‘‘Mattresses from Bosnia 

and Herzegovina, Bulgaria, Burma, India, Indonesia, 

Italy, Kosovo, Mexico, Philippines, Poland, 

Slovenia, Spain and Taiwan: Antidumping and 

Countervailing Duty Petitions,’’ dated July 28, 2023 

(Petitions). 

3 Id. 

4See Commerce’s Letters, ‘‘Petitions for the 

Imposition of Antidumping Duties on Imports of 

Mattresses from Bosnia and Herzegovina, Bulgaria, 

Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Slovenia, Spain, and Taiwan and 

Countervailing Duties on Imports from Indonesia: 

Supplemental Questions,’’ dated August 1, 2023 

(General Issues Supplemental); Country-Specific 

Supplemental Questionnaires: Bosnia 

Supplemental; Bulgaria Supplemental; Burma 

Supplemental; Burma Supplemental; India 

Supplemental; Italy Supplemental; Kosovo 

Supplemental; Mexico Supplemental; the 

Philippines Supplemental; Slovenia Supplemental; 

Spain Supplemental; and Taiwan Supplemental, 

dated August 1, 2023; ‘‘Petitions for the Imposition 

of Antidumping Duties on Imports of Mattresses 

from Bosnia and Herzegovina, Bulgaria, Burma, 

India, Italy, Kosovo, Mexico, the Philippines, 

Slovenia, Spain, and Taiwan and Countervailing 

Duties on Imports from Indonesia: Supplemental 

Questions,’’ dated August 8, 2023 (Second General 

Issues Supplemental); see also Memoranda, ‘‘Phone 

Call with Counsel to the Petitioners,’’ dated August 

9, 2023. 

5See Petitioners’ Letters, ‘‘Mattresses from Bosnia 

and Herzegovina, Bulgaria, Burma, India, Italy, 

Kosovo, Mexico, Philippines, Slovenia, Spain, and 

Taiwan: Responses to Petition Supplemental 

Questionnaires,’’ dated August 7, 2023, at Volume 

I (First General Issues Supplement) and Volume II 

(Country-Specific AD Supplements); ‘‘Mattresses 

from Bosnia and Herzegovina, Bulgaria, Burma, 

India, Italy, Kosovo, Mexico, Philippines, Slovenia, 

Continued 

(G) This certification applies to the 

following sales to {NAME OF U.S. 

CUSTOMER}, located at {ADDRESS OF U.S. 

CUSTOMER} (repeat this block as many 

times as necessary): 

# of the Foreign Seller’s Invoice to the U.S. 

Customer: 

Applicable Line Item # of the Foreign Seller’s 

Invoice to the U.S. Customer: 

Producer Name: 

Producer’s Address: 

Invoice # of the Producer’s Invoice to the 

Foreign Seller (if the foreign seller and the 

producer are the same party, report ‘‘NA’’ 

here): 

(H) I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} is required to 

maintain a copy of this certification and 

sufficient documentation supporting this 

certification (i.e., documents maintained in 

the normal course of business, or documents 

obtained by the certifying party, for example, 

product specification sheets, customer 

specification sheets, production records, 

invoices, etc.) until the later of: (1) the date 

that is five years after the latest entry date of 

the entries covered by the certification; or (2) 

the date that is three years after the 

conclusion of any litigation in United States 

courts regarding such entries. 

(I) I understand that {NAME OF FOREIGN 

COMPANY THAT MADE THE SALE TO 

THE UNITED STATES} is required to 

provide the U.S. importer with a copy of this 

certification and is required to provide U.S. 

Customs and Border Protection (CBP) and/or 

the U.S. Department of Commerce 

(Commerce) with a copy of this certification, 

and any supporting documents, upon the 

request of either agency. 

(J) I understand that the claims made 

herein, and the substantiating 

documentation, are subject to verification by 

CBP and/or Commerce. 

(K) I understand that failure to maintain 

the required certification and supporting 

documentation, or failure to substantiate the 

claims made herein, or not allowing CBP 

and/or Commerce to verify the claims made 

herein, may result in a de facto 

determination that all sales to which this 

certification applies are sales of merchandise 

that is covered by the scope of the 

antidumping and countervailing duty orders 

on solar cells and solar modules from China. 

I understand that such a finding will result 

in: 

(i) suspension of liquidation of all 

unliquidated entries (and entries for which 

liquidation has not become final) for which 

these requirements were not met; 

(ii) the importer being required to post the 

antidumping and countervailing duty cash 

deposits determined by Commerce; and 

(iii) the seller/exporter no longer being 

allowed to participate in the certification 

process. 

(L) I understand that agents of the seller/ 

exporter, such as freight forwarding 

companies or brokers, are not permitted to 

make this certification. 

(M) This certification was completed and 

signed, and a copy of the certification was 

provided to the importer, on, or prior to, the 

date of shipment if the shipment date is more 

than 14 days after the date of publication of 

the notice of Commerce’s preliminary 

determination of circumvention in the 

Federal Register. If the shipment date is on 

or before the 14th day after the date of 

publication of the notice of Commerce’s 

preliminary determination of circumvention 

in the Federal Register, this certification was 

completed and signed and a copy of the 

certification was provided to the importer, by 

no later than 45 days after publication of the 

notice of Commerce’s preliminary 

determination of circumvention in the 

Federal Register. 

(N) I am aware that U.S. law (including, 

but not limited to, 18 U.S.C. 1001) imposes 

criminal sanctions on individuals who 

knowingly and willfully make materially 

false statements to the U.S. government. 

Signature llllllllllllllll

{NAME OF COMPANY OFFICIAL} 

{TITLE OF COMPANY OFFICIAL} 

Date llllllllllllllllll

[FR Doc. 2023–18161 Filed 8–22–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

International Trade Administration 

[A–893–002, A–487–001, A–546–001, A–533– 

919, A–475–845, A–803–001, A–201–859, A– 

565–804, A–455–807, A–856–002, A–469– 

826, A–583–873] 

Mattresses From Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and Taiwan: 

Initiation of Less-Than-Fair-Value 

Investigations 

AGENCY: Enforcement and Compliance, 

International Trade Administration, 

Department of Commerce. 

DATES: Applicable August 17, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Amaris Wade (Bosnia and Herzegovina), 

TJ Worthington (Bulgaria), Paul Gill 

(Burma), Steven Seifert (India), Caroline 

Carroll (Italy), Sean Carey (Kosovo), 

Benjamin Blythe (Mexico), Emily Halle 

(the Philippines), Dakota Potts (Poland), 

Benjamin A. Luberda (Slovenia), 

Matthew Palmer (Spain), and Paul Gill 

(Taiwan), AD/CVD Operations, Offices 

II, III, IV, V, VII, and IX, Enforcement 

and Compliance, International Trade 

Administration, U.S. Department of 

Commerce, 1401 Constitution Avenue 

NW, Washington, DC 20230; telephone: 

(202) 482–6334, (202) 482–4567, (202) 

482–5673, (202) 482–3350, (202) 482– 

4948, (202) 482–3964, (202) 482–3457, 

(202) 482–0176, (202) 482–0223, (202) 

482–2185, (202) 482–1678, and (202) 

482–5673, respectively. 

SUPPLEMENTARY INFORMATION: 

The Petitions 

On July 28, 2023, the U.S. Department 

of Commerce (Commerce) received 

antidumping duty (AD) petitions 

concerning imports of mattresses from 

Bosnia and Herzegovina, Bulgaria, 

Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Poland, Slovenia, Spain, 

and Taiwan, filed in proper form on 

behalf of the petitioners,1 U.S. 

producers of mattresses and certified 

unions that represent workers engaged 

in the domestic production of 

mattresses.2 These AD petitions were 

accompanied by a countervailing duty 

(CVD) petition concerning imports of 

mattresses from Indonesia.3

On August 1, 8, and 9, 2023, 

Commerce requested supplemental 

information pertaining to certain aspects 

of the Petitions.4 Additionally, on 

August 7, 9, and 10, 2023, the 

petitioners filed timely responses to 

these requests for additional 

information.5


lotter on DSK11XQN23PROD with NOTICES1
57434 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 

Spain, and Taiwan: Responses to the Department’s 

Second General Issues Supplemental 

Questionnaire,’’ dated August 9, 2023 (Second 

General Issues Supplement); ‘‘Mattresses from 

Mexico: Mattress Petitioners’ Response to the 

Department of Commerce’s Second Supplemental 

Questionnaire,’’ dated August 10, 2023; and 

‘‘Mattresses from India: Mattress Petitioners’ 

Response to the Department of Commerce’s Second 

Supplemental Questionnaire,’’ dated August 10, 

2023. 

6See the section on ‘‘Industry Support for the 

Petitions,’’ infra. 

7See General Issues Supplemental Questionnaire 

at 3–4; see also Second General Issues 

Supplemental Questionnaire at 3. 

8See First General Issues Supplement at 4 and 

Exhibit 3; see also Second General Issues 

Supplement at 1 and Exhibit 2. 

9See Antidumping Duties; Countervailing Duties, 

62 FR 27296, 27323 (May 19, 1997) (Preamble). 

10See 19 CFR 351.102(b)(21) (defining ‘‘factual 

information’’). 

11See 19 CFR 351.303(b)(1) (‘‘For both 

electronically filed and manually filed documents, 

if the applicable due date falls on a non-business 

day, the Secretary will accept documents that are 

filed on the next business day.’’). The initial 

deadline for rebuttal comments falls on September 

16, 2023, which is a Saturday. 

12See Antidumping and Countervailing Duty 

Proceedings: Electronic Filing Procedures; 

Administrative Protective Order Procedures, 76 FR 

39263 (July 6, 2011); see also Enforcement and 

Compliance; Change of Electronic Filing System 

Name, 79 FR 69046 (November 20, 2014) for details 

of Commerce’s electronic filing requirements, 

effective August 5, 2011. Information on help using 

ACCESS can be found at https://access.trade.gov/ 

help.aspx and a handbook can be found at https:// 

access.trade.gov/help/Handbook_on_Electronic_

Filing_Procedures.pdf. 

13See 19 CFR 351.303(b)(1). 

In accordance with section 732(b) of 

the Tariff Act of 1930, as amended (the 

Act), the petitioners allege that imports 

of mattresses from Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and Taiwan are 

being, or are likely to be, sold in the 

United States at less than fair value 

(LTFV) within the meaning of section 

731 of the Act, and that imports of such 

products are materially injuring, or 

threatening material injury to, the 

mattresses industry in the United States. 

Consistent with section 732(b)(1) of the 

Act, the Petitions are accompanied by 

information reasonably available to the 

petitioners supporting their allegations. 

Commerce finds that the petitioners 

filed the Petitions on behalf of the 

domestic industry, because the 

petitioners are interested parties, as 

defined in sections 771(9)(C) and (D) of 

the Act. Commerce also finds that the 

petitioners demonstrated sufficient 

industry support for the initiation of the 

requested AD investigations.6

Periods of Investigation 

Because the Petitions were filed on 

July 28, 2023, pursuant to 19 CFR 

351.204(b)(1), the periods of 

investigation (POI) for the Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and Taiwan 

AD investigations are July 1, 2022, 

through June 30, 2023. 

Scope of the Investigations 

The products covered by these 

investigations are mattresses from 

Bosnia and Herzegovina, Bulgaria, 

Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Poland, Slovenia, Spain, 

and Taiwan. For a full description of the 

scope of these investigations, see the 

appendix to this notice. 

Comments on the Scope of the 

Investigations 

On August 1 and 8, 2023, Commerce 

requested further information and 

clarification from the petitioners 

regarding the proposed scope to ensure 

that the scope language in the Petitions 

is an accurate reflection of the products 

for which the domestic industry is 

seeking relief.7 On August 7 and 9, 

2023, the petitioners revised the scope.8

The description of the merchandise 

covered by these investigations, as 

described in the appendix to this notice, 

reflects these clarifications. 

As discussed in the Preamble to 

Commerce’s regulations, we are setting 

aside a period of time for interested 

parties to raise issues regarding product 

coverage (i.e., scope).9 Commerce will 

consider all comments received from 

interested parties and, if necessary, will 

consult with interested parties prior to 

the issuance of the preliminary 

determinations. If scope comments 

include factual information,10 all such 

factual information should be limited to 

public information. To facilitate 

preparation of its questionnaires, 

Commerce requests that all interested 

parties submit such comments by 5:00 

p.m. Eastern Time (ET) on September 6, 

2023, which is 20 calendar days from 

the signature date of this notice. Any 

rebuttal comments, which may include 

factual information, must be filed by 

5:00 p.m. ET on September 18, 2023, 

which is the next business day after 10 

calendar days from the initial comment 

deadline.11

Commerce requests that any factual 

information that parties consider 

relevant to the scope of the 

investigations be submitted during that 

period. However, if a party subsequently 

finds that additional factual information 

pertaining to the scope of the 

investigations may be relevant, the party 

may contact Commerce and request 

permission to submit the additional 

information. All such submissions must 

be filed simultaneously on the records 

of the concurrent AD and CVD 

investigations. 

Filing Requirements 

All submissions to Commerce must be 

filed electronically using Enforcement 

and Compliance’s Antidumping Duty 

and Countervailing Duty Centralized 

Electronic Service System (ACCESS), 

unless an exception applies.12 An 

electronically-filed document must be 

received successfully in its entirety by 

the time and date it is due.13

Comments on Product Characteristics 

Commerce is providing interested 

parties an opportunity to comment on 

the appropriate physical characteristics 

of mattresses to be reported in response 

to Commerce’s AD questionnaires. This 

information will be used to identify the 

key physical characteristics of the 

subject merchandise in order to report 

the relevant costs of production (COP) 

accurately, as well as to develop 

appropriate product comparison criteria 

where appropriate. 

Subsequent to the publication of this 

notice, Commerce intends to release a 

proposed list of physical characteristics 

and product-comparison criteria, and 

interested parties may provide any 

information or comments that they feel 

are relevant to the development of an 

accurate list of physical characteristics. 

Specifically, they may provide 

comments as to which characteristics 

are appropriate to use as: (1) general 

product characteristics; and (2) product 

comparison criteria. We note that it is 

not always appropriate to use all 

product characteristics as product 

comparison criteria. We base product 

comparison criteria on meaningful 

commercial differences among products. 

In other words, although there may be 

some physical product characteristics 

utilized by manufacturers to describe 

mattresses, it may be that only a select 

few product characteristics take into 

account commercially meaningful 

physical characteristics. In addition, 

interested parties may comment on the 

order in which the physical 

characteristics should be used in 

matching products. Generally, 

Commerce attempts to list the most 

important physical characteristics first 

and the least important characteristics 

last. 

In order to consider the suggestions of 

interested parties in developing and 

issuing the AD questionnaires, all 

product characteristics comments must 

be filed by 5:00 p.m. ET on September 

6, 2023, which is 20 calendar days from 


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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 57435 

14See 19 CFR 351.303(b)(1) (‘‘For both 

electronically filed and manually filed documents, 

if the applicable due date falls on a non-business 

day, the Secretary will accept documents that are 

filed on the next business day.’’). The initial 

deadline for rebuttal comments falls on September 

16, 2023, which is a Saturday. 

15See section 771(10) of the Act. 

16See USEC, Inc. v. United States, 132 F. Supp. 

2d 1, 8 (CIT 2001) (citing Algoma Steel Corp., Ltd. 

v. United States, 688 F. Supp. 639, 644 (CIT 1988), 

aff’d 865 F.2d 240 (Fed. Cir. 1989)). 

17See Petitions at Volume I (pages I–19 through 

I–23); see also First General Issues Supplement at 

2 and Exhibit 1. 

18For a discussion of the domestic like product 

analysis as applied to these cases and information 

regarding industry support, see Antidumping Duty 

Initiation Checklists: Mattresses from Bosnia and 

Herzegovina, Bulgaria, Burma, India, Italy, Kosovo, 

Mexico, the Philippines, Poland, Slovenia, Spain, 

and Taiwan, dated concurrently with this notice 

(Country-Specific AD Initiation Checklists), at 

Attachment II (Analysis of Industry Support for the 

Antidumping and Countervailing Duty Petitions 

Covering Mattresses from Bosnia and Herzegovina, 

Bulgaria, Burma, India, Indonesia, Italy, Kosovo, 

Mexico, the Philippines, Poland, Slovenia, Spain, 

and Taiwan). 

19See Petitions at Volume I (pages I–7 through I– 

8 and Exhibit I–6); see also First General Issues 

Supplement at 5–7 and Exhibits 4–8; and Second 

General Issues Supplement at 2–3 and Exhibits 3– 

5. 

20See Petitions at Volume I (pages I–7 through I– 

8 and Exhibit I–6); see also First General Issues 

Supplement at 5–6. 

21See Petitions at Volume I (pages I–7 through I– 

8 and Exhibit I–6); see also First General Issues 

Supplement at 5–7 and Exhibits 4–8; and Second 

General Issues Supplement at 2–3 and Exhibits 3– 

5. 

22 Id. 

23See Country-Specific AD Initiation Checklists 

at Attachment II; see also section 732(c)(4)(D) of the 

Act. 

24See Country-Specific AD Initiation Checklists 

at Attachment II. 

25 Id. 

26 Id. 

the signature date of this notice. Any 

rebuttal comments must be filed by 5:00 

p.m. ET on September 18, 2023, which 

is the next business day after ten 

calendar days from the initial comment 

deadline.14 All comments and 

submissions to Commerce must be filed 

electronically using ACCESS, as 

explained above, on the record of each 

of the AD investigations. 

Determination of Industry Support for 

the Petitions 

Section 732(b)(1) of the Act requires 

that a petition be filed on behalf of the 

domestic industry. Section 732(c)(4)(A) 

of the Act provides that a petition meets 

this requirement if the domestic 

producers or workers who support the 

petition account for: (i) at least 25 

percent of the total production of the 

domestic like product; and (ii) more 

than 50 percent of the production of the 

domestic like product produced by that 

portion of the industry expressing 

support for, or opposition to, the 

petition. Moreover, section 732(c)(4)(D) 

of the Act provides that, if the petition 

does not establish support of domestic 

producers or workers accounting for 

more than 50 percent of the total 

production of the domestic like product, 

Commerce shall: (i) poll the industry or 

rely on other information in order to 

determine if there is support for the 

petition, as required by subparagraph 

(A); or (ii) determine industry support 

using a statistically valid sampling 

method to poll the ‘‘industry.’’ 

Section 771(4)(A) of the Act defines 

the ‘‘industry’’ as the producers as a 

whole of a domestic like product. Thus, 

to determine whether a petition has the 

requisite industry support, the statute 

directs Commerce to look to producers 

and workers who produce the domestic 

like product. The U.S. International 

Trade Commission (ITC), which is 

responsible for determining whether 

‘‘the domestic industry’’ has been 

injured, must also determine what 

constitutes a domestic like product in 

order to define the industry. While both 

Commerce and the ITC must apply the 

same statutory definition regarding the 

domestic like product,15 they do so for 

different purposes and pursuant to a 

separate and distinct authority. In 

addition, Commerce’s determination is 

subject to limitations of time and 

information. Although this may result in 

different definitions of the like product, 

such differences do not render the 

decision of either agency contrary to 

law.16

Section 771(10) of the Act defines the 

domestic like product as ‘‘a product 

which is like, or in the absence of like, 

most similar in characteristics and uses 

with, the article subject to an 

investigation under this title.’’ Thus, the 

reference point from which the 

domestic like product analysis begins is 

‘‘the article subject to an investigation’’ 

(i.e., the class or kind of merchandise to 

be investigated, which normally will be 

the scope as defined in the petition). 

With regard to the domestic like 

product, the petitioners do not offer a 

definition of the domestic like product 

distinct from the scope of the 

investigations.17 Based on our analysis 

of the information submitted on the 

record, we have determined that 

mattresses, as defined in the scope, 

constitute a single domestic like 

product, and we have analyzed industry 

support in terms of that domestic like 

product.18

In determining whether the 

petitioners have standing under section 

732(c)(4)(A) of the Act, we considered 

the industry support data contained in 

the Petitions with reference to the 

domestic like product as defined in the 

‘‘Scope of the Investigations,’’ in the 

appendix to this notice. To establish 

industry support, the petitioners 

provided the total 2022 shipments of the 

domestic like product for the supporters 

of the Petitions, and compared this to 

the estimated total shipments of the 

domestic like product for the entire 

domestic industry.19 Because total 

industry production data for the 

domestic like product for 2022 are not 

reasonably available to the petitioners, 

and the petitioners have established that 

shipments are a reasonable proxy for 

production data,20 we have relied on the 

data provided by the petitioners for 

purposes of measuring industry 

support.21

Our review of the data provided in the 

Petitions, the First General Issues 

Supplement, the Second General Issues 

Supplement, and other information 

readily available to Commerce indicates 

that the petitioners have established 

industry support for the Petitions.22

First, the Petitions established support 

from domestic producers (or workers) 

accounting for more than 50 percent of 

the total production of the domestic like 

product and, as such, Commerce is not 

required to take further action in order 

to evaluate industry support (e.g., 

polling).23 Second, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(i) of the Act 

because the domestic producers (or 

workers) who support the Petitions 

account for at least 25 percent of the 

total production of the domestic like 

product.24 Finally, the domestic 

producers (or workers) have met the 

statutory criteria for industry support 

under section 732(c)(4)(A)(ii) of the Act, 

because the domestic producers (or 

workers) who support the Petitions 

account for more than 50 percent of the 

production of the domestic like product 

produced by that portion of the industry 

expressing support for, or opposition to, 

the Petitions.25 Accordingly, Commerce 

determines that the Petitions were filed 

on behalf of the domestic industry 

within the meaning of section 732(b)(1) 

of the Act.26

Allegations and Evidence of Material 

Injury and Causation 

The petitioners allege that the U.S. 

industry producing the domestic like 

product is being materially injured, or is 

threatened with material injury, by 

reason of the imports of the subject 

merchandise sold at LTFV. In addition, 

with regard to Burma, Kosovo, Mexico, 

and Taiwan, the petitioners allege that 


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57436 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 

27See Petitions at Volume I (pages I–24 through 

I–25 and Exhibit I–12). 

28 Id. 

29See Petitions at Volume I (pages I–24 through 

I–52 and Exhibits I–1 through I–5 and I–9 through 

I–16); see also First General Issues Supplement at 

7 and Exhibit 1. 

30See Country-Specific AD Initiation Checklists 

at Attachment III (Analysis of Allegations and 

Evidence of Material Injury and Causation for the 

Antidumping and Countervailing Duty Petitions 

Covering Mattresses from Bosnia and Herzegovina, 

Bulgaria, Burma, India, Indonesia, Italy, Kosovo, 

Mexico, the Philippines, Poland, Slovenia, Spain, 

and Taiwan). 

31See Country-Specific AD Initiation Checklists. 

32 Id. 

33 In accordance with section 773(b)(2) of the Act, 

for these investigations, Commerce will request 

information necessary to calculate the constructed 

value and COP to determine whether there are 

reasonable grounds to believe or suspect that sales 

of the foreign like product have been made at prices 

that represent less than the COP of the product. 

34See Country-Specific AD Initiation Checklists. 

35 Id. 

36 Id. for details of the calculations. 

37See First General Issues Supplement at 2–4 and 

Exhibit 2. 

38See Memoranda, ‘‘Antidumping Duty Petition 

on Imports of Mattresses from Bosnia and 

Herzegovina: Release of U.S. Customs and Border 

Protection Data,’’ dated August 14, 2023; 

‘‘Antidumping Duty Petition on Imports of 

Mattresses from Bulgaria: Release of U.S. Customs 

and Border Protection Data,’’ dated August 14, 

2023; ‘‘Antidumping Duty Petition on Imports of 

Mattresses from Burma: Release of U.S. Customs 

and Border Protection Data,’’ dated August 14, 

2023; ‘‘Antidumping Duty Petition on Imports of 

Mattresses from India: Release of U.S. Customs and 

Border Protection Data,’’ dated August 14, 2023; 

‘‘Antidumping Duty Petition on Imports of 

Mattresses from Italy: Release of U.S. Customs and 

Border Protection Data,’’ dated August 14, 2023; 

subject imports exceed the negligibility 

threshold provided for under section 

771(24)(A) of the Act.27 With regard to 

Bosnia and Herzegovina, Bulgaria, 

India, Italy, the Philippines, Poland, 

Slovenia, and Spain, while the allegedly 

dumped imports from each of these 

countries do not individually exceed the 

statutory requirements for negligibility, 

the petitioners provided data 

demonstrating that the aggregate import 

share from these eight countries is 12.30 

percent, which exceeds the seven 

percent threshold established by the 

exception in section 771(24)(A)(ii) of the 

Act.28

The petitioners contend that the 

industry’s injured condition is 

illustrated by the significant and 

increasing volume of subject imports; 

declining market share; underselling 

and price suppression; lost sales and 

revenues; and adverse impact on the 

domestic industry’s operations, capacity 

utilization, production, commercial 

shipment volumes, employment 

variables, and financial performance.29

We assessed the allegations and 

supporting evidence regarding material 

injury, threat of material injury, 

causation, as well as negligibility, and 

we have determined that these 

allegations are properly supported by 

adequate evidence and meet the 

statutory requirements for initiation.30

Allegations of Sales at LTFV 

The following is a description of the 

allegations of sales at LTFV upon which 

Commerce based its decision to initiate 

AD investigations of imports of 

mattresses from Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and Taiwan. 

The sources of data for the deductions 

and adjustments relating to U.S. price 

and normal value (NV) are discussed in 

greater detail in the Country-Specific 

AD Initiation Checklists. 

U.S. Price 

For Bosnia and Herzegovina, Bulgaria, 

Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Poland, Slovenia, Spain, 

and Taiwan, the petitioners based 

export price (EP) on POI average unit 

values (AUVs) derived from official U.S. 

import statistics for imports of 

mattresses produced in and exported 

from each country.31 The petitioners did 

not make any adjustments to U.S. price 

to calculate a net ex-factory U.S. price.32

Normal Value 33

For Bosnia and Herzegovina, Bulgaria, 

Burma, India, Italy, Kosovo, Mexico, the 

Philippines, Poland, Slovenia, Spain, 

and Taiwan, the petitioners based NV 

on home market prices obtained through 

market research for mattresses produced 

in and sold, or offered for sale, in each 

country during the applicable time 

period.34 The petitioners made certain 

adjustments to home market price to 

calculate a net ex-factory home market 

price, where appropriate.35

Fair Value Comparisons 

Based on the data provided by the 

petitioners, there is reason to believe 

that imports of mattresses from Bosnia 

and Herzegovina, Bulgaria, Burma, 

India, Italy, Kosovo, Mexico, the 

Philippines, Poland, Slovenia, Spain, 

and Taiwan, are being, or are likely to 

be, sold in the United States at LTFV. 

Based on comparisons of EP to NV in 

accordance with sections 772 and 773 of 

the Act, the estimated dumping margins 

for mattresses for each of the countries 

covered by this initiation are as follows: 

(1) Bosnia and Herzegovina—217.38 

percent; (2) Bulgaria—106.27 percent; 

(3) Burma—181.71 percent; (4) India— 

42.76 percent; (5) Italy—257.06 percent; 

(6) Kosovo—654.67 percent, (7) 

Mexico—61.97 percent; (8) the 

Philippines—538.23 percent; (9) 

Poland—330.71 percent; (10) Slovenia— 

744.81 percent; (11) Spain—280.28 

percent; and (12) Taiwan—624.50 

percent.36

Initiation of LTFV Investigations 

Based upon the examination of the 

Petitions and supplemental responses, 

we find that they meet the requirements 

of section 732 of the Act. Therefore, we 

are initiating AD investigations to 

determine whether imports of 

mattresses from Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and Taiwan are 

being, or are likely to be, sold in the 

United States at LTFV. In accordance 

with section 733(b)(1)(A) of the Act and 

19 CFR 351.205(b)(1), unless postponed, 

we will make our preliminary 

determinations no later than 140 days 

after the date of these initiations. 

Respondent Selection 

In the Petitions, the petitioners 

identified four companies in Bosnia and 

Herzegovina, eight companies in 

Bulgaria, four companies in Burma, 39 

companies in India, 39 companies in 

Italy, three companies in Kosovo, 36 

companies in Mexico, nine companies 

in the Philippines, 19 companies in 

Poland, six companies in Slovenia, 24 

companies in Spain, and 98 companies 

in Taiwan as producers/exporters of 

mattresses.37 Following standard 

practice in AD investigations involving 

market economy countries, in the event 

Commerce determines that the number 

of exporters or producers is large such 

that Commerce cannot individually 

examine each company based on its 

resources, where appropriate, 

Commerce intends to select mandatory 

respondents in these cases based on 

U.S. Customs and Border Protection 

(CBP) data for U.S. imports under the 

appropriate Harmonized Tariff Schedule 

of the United States subheadings listed 

in the ‘‘Scope of the Investigations,’’ in 

the appendix. 

On August 14, 2023, Commerce 

released CBP data on imports of 

mattresses from Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and Taiwan 

under administrative protective order 

(APO) to all parties with access to 

information protected by APO and 

indicated that interested parties wishing 

to comment on CBP data and/or 

respondent selection must do so within 

three business days of the publication 

date of the notice of initiation of these 

investigations.38 Comments must be 


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Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 57437 

‘‘Antidumping Duty Petition on Imports of 

Mattresses from Kosovo: Release of U.S. Customs 

and Border Protection Data,’’ dated August 14, 

2023. ‘‘Antidumping Duty Petition on Imports of 

Mattresses from Mexico: Release of U.S. Customs 

and Border Protection Data,’’ dated August 14, 

2023; ‘‘Antidumping Duty Petition on Imports of 

Mattresses from the Philippines: Release of U.S. 

Customs and Border Protection Data,’’ dated August 

14, 2023; ‘‘Antidumping Duty Petition on Imports 

of Mattresses from Poland: Release of U.S. Customs 

and Border Protection Data,’’ dated August 14, 

2023; ‘‘Antidumping Duty Petition on Imports of 

Mattresses from Slovenia: Release of U.S. Customs 

and Border Protection Data,’’ dated August 14, 

2023; ‘‘Antidumping Duty Petition on Imports of 

Mattresses from Spain: Release of U.S. Customs and 

Border Protection Data,’’ dated August 14, 2023; 

and ‘‘Antidumping Duty Petition on Imports of 

Mattresses from Taiwan: Release of U.S. Customs 

and Border Protection Data,’’ dated August 14, 

2023. 

39See section 733(a) of the Act. 

40 Id. 

41See 19 CFR 351.301(b). 

42See 19 CFR 351.301(b)(2). 

43See 19 CFR 351.302; see also, e.g., Extension 

of Time Limits; Final Rule, 78 FR 57790 (September 

20, 2013) (Time Limits Final Rule), available at 

https://www.gpo.gov/fdsys/pkg/FR-2013-09-20/ 

html/2013-22853.htm. 

44See section 782(b) of the Act. 

45See Certification of Factual Information to 

Import Administration During Antidumping and 

Countervailing Duty Proceedings, 78 FR 42678 (July 

17, 2013) (Final Rule). Answers to frequently asked 

questions regarding the Final Rule are available at 

Continued 

filed electronically using ACCESS. An 

electronically-filed document must be 

received successfully in its entirety via 

ACCESS by 5:00 p.m. ET on the 

specified deadline. Commerce will not 

accept rebuttal comments regarding the 

CBP data or respondent selection. 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305(b). 

Instructions for filing such applications 

may be found on Commerce’s website at 

https://access.trade.gov/Resources/

Administrative_Protective_Order.aspx. 

Distribution of Copies of the Petitions 

In accordance with section 

732(b)(3)(A) of the Act and 19 CFR 

351.202(f), copies of the public version 

of the Petitions have been provided to 

the governments of Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and Taiwan via 

ACCESS. To the extent practicable, we 

will attempt to provide a copy of the 

public version of the AD Petitions to 

each exporter named in the Petitions, as 

provided under 19 CFR 351.203(c)(2). 

ITC Notification 

Commerce will notify the ITC of its 

initiation, as required by section 732(d) 

of the Act. 

Preliminary Determinations by the ITC 

The ITC will preliminarily determine, 

within 45 days after the date on which 

the Petitions were filed, whether there 

is a reasonable indication that imports 

of mattresses from Bosnia and 

Herzegovina, Bulgaria, Burma, India, 

Italy, Kosovo, Mexico, the Philippines, 

Poland, Slovenia, Spain, and/or Taiwan, 

are materially injuring, or threatening 

material injury to, a U.S. industry.39 A 

negative ITC determination for any 

country will result in the investigation 

being terminated with respect to that 

country.40 Otherwise, these AD 

investigations will proceed according to 

statutory and regulatory time limits. 

Submission of Factual Information 

Factual information is defined in 19 

CFR 351.102(b)(21) as: (i) evidence 

submitted in response to questionnaires; 

(ii) evidence submitted in support of 

allegations; (iii) publicly available 

information to value factors under 19 

CFR 351.408(c) or to measure the 

adequacy of remuneration under 19 CFR 

351.511(a)(2); (iv) evidence placed on 

the record by Commerce; and (v) 

evidence other than factual information 

described in (i)–(iv). Section 351.301(b) 

of Commerce’s regulations requires any 

party, when submitting factual 

information, to specify under which 

subsection of 19 CFR 351.102(b)(21) the 

information is being submitted 41 and, if 

the information is submitted to rebut, 

clarify, or correct factual information 

already on the record, to provide an 

explanation identifying the information 

already on the record that the factual 

information seeks to rebut, clarify, or 

correct.42 Time limits for the 

submission of factual information are 

addressed in 19 CFR 351.301, which 

provides specific time limits based on 

the type of factual information being 

submitted. Interested parties should 

review the regulations prior to 

submitting factual information in these 

investigations. 

Particular Market Situation Allegation 

Section 773(e) of the Act addresses 

the concept of particular market 

situation (PMS) for purposes of CV, 

stating that ‘‘if a particular market 

situation exists such that the cost of 

materials and fabrication or other 

processing of any kind does not 

accurately reflect the cost of production 

in the ordinary course of trade, the 

administering authority may use 

another calculation methodology under 

this subtitle or any other calculation 

methodology.’’ When an interested 

party submits a PMS allegation pursuant 

to section 773(e) of the Act, Commerce 

will respond to such a submission 

consistent with 19 CFR 351.301(c)(2)(v). 

If Commerce finds that a PMS exists 

under section 773(e) of the Act, then it 

will modify its dumping calculations 

appropriately. 

Neither section 773(e) of the Act, nor 

19 CFR 351.301(c)(2)(v), sets a deadline 

for the submission of PMS allegations 

and supporting factual information. 

However, in order to administer section 

773(e) of the Act, Commerce must 

receive PMS allegations and supporting 

factual information with enough time to 

consider the submission. Thus, should 

an interested party wish to submit a 

PMS allegation and supporting new 

factual information pursuant to section 

773(e) of the Act, it must do so no later 

than 20 days after submission of a 

respondent’s initial response to section 

D of Commerce’s AD questionnaire. 

Extensions of Time Limits 

Parties may request an extension of 

time limits before the expiration of a 

time limit established under 19 CFR 

351.301, or as otherwise specified by 

Commerce. In general, an extension 

request will be considered untimely if it 

is filed after the expiration of the time 

limit established under 19 CFR 351.301. 

For submissions that are due from 

multiple parties simultaneously, an 

extension request will be considered 

untimely if it is filed after 10:00 a.m. ET 

on the due date. Under certain 

circumstances, Commerce may elect to 

specify a different time limit by which 

extension requests will be considered 

untimely for submissions which are due 

from multiple parties simultaneously. In 

such a case, Commerce will inform 

parties in a letter or memorandum of the 

deadline (including a specified time) by 

which extension requests must be filed 

to be considered timely. An extension 

request must be made in a separate, 

standalone submission; under limited 

circumstances, Commerce will grant 

untimely filed requests for the extension 

of time limits, where we determine, 

based on 19 CFR 351.302, that 

extraordinary circumstances exist. 

Parties should review Commerce’s 

regulations concerning the extension of 

time limits and the Time Limits Final 

Rule prior to submitting factual 

information in these investigations.43

Certification Requirements 

Any party submitting factual 

information in an AD or CVD 

proceeding must certify to the accuracy 

and completeness of that information.44

Parties must use the certification 

formats provided in 19 CFR 

351.303(g).45 Commerce intends to 


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57438 Federal Register / Vol. 88, No. 162 / Wednesday, August 23, 2023 / Notices 

https://enforcement.trade.gov/tlei/notices/factual_

info_final_rule_FAQ_07172013.pdf. 

46See Temporary Rule Modifying AD/CVD 

Service Requirements Due to COVID–19; Extension 

of Effective Period, 85 FR 41363 (July 10, 2020). 

reject factual submissions if the 

submitting party does not comply with 

the applicable certification 

requirements. 

Notification to Interested Parties 

Interested parties must submit 

applications for disclosure under APO 

in accordance with 19 CFR 351.305. 

Parties wishing to participate in these 

investigations should ensure that they 

meet the requirements of 19 CFR 

351.103(d) (e.g., by filing the required 

letter of appearance). Note that 

Commerce has temporarily modified 

certain of its requirements for serving 

documents containing business 

proprietary information, until further 

notice.46

This notice is issued and published 

pursuant to sections 732(c)(2) and 777(i) 

of the Act, and 19 CFR 351.203(c). 

Dated: August 17, 2023. 

Lisa W. Wang, 

Assistant Secretary for Enforcement and 

Compliance. 

Appendix—Scope of the Investigations 

The products covered by these 

investigations are all types of youth and adult 

mattresses. The term ‘‘mattress’’ denotes an 

assembly of materials that at a minimum 

includes a ‘‘core,’’ which provides the main 

support system of the mattress, and may 

consist of innersprings, foam, other resilient 

filling, or a combination of these materials. 

Mattresses also may contain: (1) 

‘‘upholstery,’’ the material between the core 

and the top panel of the ticking on a singlesided mattress, or between the core and the 

top and bottom panel of the ticking on a 

double-sided mattress; and/or (2) ‘‘ticking,’’ 

the outermost layer of fabric or other material 

(e.g., vinyl) that encloses the core and any 

upholstery, also known as a cover. 

The scope of these investigations is 

restricted to only ‘‘adult mattresses’’ and 

‘‘youth mattresses.’’ ‘‘Adult mattresses’’ are 

frequently described as ‘‘twin,’’ ‘‘extra-long 

twin,’’ ‘‘full,’’ ‘‘queen,’’ ‘‘king,’’ or ‘‘California 

king’’ mattresses. ‘‘Youth mattresses’’ are 

typically described as ‘‘crib,’’ ‘‘toddler,’’ or 

‘‘youth’’ mattresses. All adult and youth 

mattresses are included regardless of size and 

size description or how they are described 

(e.g., frameless futon mattress and tri-fold 

mattress). 

The scope encompasses all types of 

‘‘innerspring mattresses,’’ ‘‘non-innerspring 

mattresses,’’ and ‘‘hybrid mattresses.’’ 

‘‘Innerspring mattresses’’ contain 

innersprings, a series of metal springs joined 

together in sizes that correspond to the 

dimensions of mattresses. Mattresses that 

contain innersprings are referred to as 

‘‘innerspring mattresses’’ or ‘‘hybrid 

mattresses.’’ ‘‘Hybrid mattresses’’ contain two 

or more support systems as the core, such as 

layers of both memory foam and innerspring 

units. 

‘‘Non-innerspring mattresses’’ are those 

that do not contain any innerspring units. 

They are generally produced from foams 

(e.g., polyurethane, memory (viscoelastic), 

latex foam, gel infused viscoelastic (gel 

foam), thermobonded polyester, 

polyethylene) or other resilient filling. 

Mattresses covered by the scope of these 

investigations may be imported 

independently, as part of furniture or 

furniture mechanisms (e.g., convertible sofa 

bed mattresses, sofa bed mattresses imported 

with sofa bed mechanisms, corner group 

mattresses, day-bed mattresses, roll-away bed 

mattresses, high risers, trundle bed 

mattresses, crib mattresses), or as part of a set 

(in combination with a ‘‘mattress 

foundation’’). ‘‘Mattress foundations’’ are any 

base or support for a mattress. Mattress 

foundations are commonly referred to as 

‘‘foundations,’’ ‘‘boxsprings,’’ ‘‘platforms,’’ 

and/or ‘‘bases.’’ Bases can be static, foldable, 

or adjustable. Only the mattress is covered by 

the scope if imported as part of furniture, 

with furniture mechanisms, or as part of a 

set, in combination with a mattress 

foundation. 

Excluded from the scope of these 

investigations are ‘‘futon’’ mattresses. A 

‘‘futon’’ is a bi-fold frame made of wood, 

metal, or plastic material, or any combination 

thereof, that functions as both seating 

furniture (such as a couch, love seat, or sofa) 

and a bed. A ‘‘futon mattress’’ is a tufted 

mattress, where the top covering is secured 

to the bottom with thread that goes 

completely through the mattress from the top 

through to the bottom, and it does not 

contain innersprings or foam. A futon 

mattress is both the bed and seating surface 

for the futon. 

Also excluded from the scope are airbeds 

(including inflatable mattresses) and 

waterbeds, which consist of air- or liquidfilled bladders as the core or main support 

system of the mattress. 

Also excluded is certain multifunctional 

furniture that is convertible from seating to 

sleeping, regardless of filler material or 

components, where such filler material or 

components are upholstered, integrated into 

the design and construction of, and 

inseparable from, the furniture framing, and 

the outermost layer of the multifunctional 

furniture converts into the sleeping surface. 

Such furniture may, and without limitation, 

be commonly referred to as ‘‘convertible 

sofas,’’ ‘‘sofabeds,’’ ‘‘sofa chaise sleepers,’’ 

‘‘futons,’’ ‘‘ottoman sleepers,’’ or a like 

description. 

Also excluded from the scope of these 

investigations are any products covered by 

the existing antidumping duty orders on 

uncovered innerspring units from the 

People’s Republic of China, South Africa, 

and the Socialist Republic of Vietnam. See 

Uncovered Innerspring Units from the 

People’s Republic of China, South Africa, 

and Socialist Republic of Vietnam: 

Continuation of Antidumping Duty Orders, 

84 FR 55285 (October 16, 2019). 

Also excluded from the scope of these 

investigations are bassinet pads with a 

nominal length of less than 39 inches, a 

nominal width of less than 25 inches, and a 

nominal depth of less than 2 inches. 

Additionally, also excluded from the scope 

of these investigations are ‘‘mattress 

toppers.’’ A ‘‘mattress topper’’ is a removable 

bedding accessory that supplements a 

mattress by providing an additional layer that 

is placed on top of a mattress. Excluded 

mattress toppers have a height of four inches 

or less. 

The products subject to these 

investigations are currently classifiable under 

Harmonized Tariff Schedule of the United 

States (HTSUS) subheadings: 9404.21.0010, 

9404.21.0013, 9404.21.0095, 9404.29.1005, 

9404.29.1013, 9404.29.1095, 9404.29.9085, 

9404.29.9087, and 9404.29.9095. Products 

subject to these investigations may also enter 

under HTSUS subheadings: 9401.41.0000, 

9401.49.0000, and 9401.99.9081. Although 

the HTSUS subheadings are provided for 

convenience and customs purposes, the 

written description of the merchandise 

subject to these investigations is dispositive. 

[FR Doc. 2023–18165 Filed 8–22–23; 8:45 am] 

BILLING CODE 3510–DS–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

Final Revised Management Plan for the 

He‘eia National Estuarine Research 

Reserve 

AGENCY: Office for Coastal Management, 

National Ocean Service, National 

Oceanic and Atmospheric 

Administration, Department of 

Commerce. 

ACTION: Notice of approval for the final 

revised management plan for the He‘eia 

National Estuarine Research Reserve. 

SUMMARY: Notice is hereby given that 

the Office for Coastal Management, 

National Ocean Service, National 

Oceanic and Atmospheric 

Administration (NOAA), U.S. 

Department of Commerce approves the 

revised management plan for the He‘eia 

National Estuarine Research Reserve in 

Hawai‘i. In accordance with the Coastal 

Zone Management Act and its 

implementing regulations. The 

University of Hawai‘i Institute of Marine 

Biology revised the reserve’s 

management plan, which replaces the 

management plan previously approved 

in 2016. 

ADDRESSES: The revised management 

plan can be downloaded or viewed at 

https://heeianerr.org/resources/. The 

document is also available by sending a 

written request to the point of contact 

identified below. 

FOR FURTHER INFORMATION CONTACT: 

Leah Keller of NOAA’s Office for 


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